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Protection of Humanitarian Personnel in Conflict Zones

John D. Negroponte, U.S. Permanent Representative to the United Nations
Statement in the UN Security Council
New York, New York
August 26, 2003

Released by the U.S. Mission to the United Nations

Thank you, Mr. Secretary-General. We are pleased that the Security Council has adopted by consensus this important resolution (1502) regarding the protection of humanitarian personnel in conflict zones. The importance of the work done by humanitarian workers and the need to protect them has never been more evident. I wish to commend Ambassador Aguilar Zinser and our other Mexican colleagues for their tireless efforts to reach consensus. The efforts of the other co-sponsors are also appreciated.

We live in a world where failed states, conflict, poverty, hunger, and privation are all too common. Humanitarian personnel, United Nations personnel, and associated personnel play a vital and indispensable role in easing suffering during times of conflict and hardship and in helping countries that are emerging from conflict return to health. In Afghanistan, the Democratic Republic of Congo, Burundi, or Iraq, humanitarian workers willingly and courageously serve wherever need exists.

As the Security Council, we count on them to carry out this body's mandates. They cannot carry out those mandates if they cannot operate in safety, and it is right that we call for their protection in this resolution. This resolution moves beyond previous measures in focusing the Security Council's attention on both the prevention of attacks on humanitarian, United Nations, and associated personnel and on the accountability of those who commit such acts.

I would like to make a few observations about the consensus text. We note that Preambular Paragraph 4 reaffirms the general rule that humanitarian and UN personnel should observe and respect the laws of the country in which they are operating. This paragraph makes clear that this general rule must be applied in accordance with international law, which may provide for special rules that govern the relationship between such personnel and the laws of the host state. We also note Operative Paragraph 3 creates no new international legal obligations, but rather reaffirms the existing obligation of all parties involved in an armed conflict to comply fully with the rules and principles of international law applicable to them during armed conflict.

Finally, we would note that Operative Paragraph 4 does not in itself create any new international legal obligations but rather urges concerned parties to implement their existing international legal obligations relating to access, the provision of facilities, and the promotion of safety, security, and freedom of movement. In this connection, we recall that both the Hague Regulations and the Geneva Conventions recognize that, during a period of armed conflict, the extent to which a concerned party is able to allow such access, make available such facilities, or promote the security of such personnel may be limited to those steps that are practicable and consistent with the security and operating environment.

We are deeply saddened by the tragic events that took place last week in Baghdad. Twenty-three dedicated individuals, who were engaged in helping the people of Iraq, lost their lives. This was an attack on the entire civilized world and an immeasurable loss to the international community. This resolution recognizes and values the dedication and even heroism of those humanitarian workers serving worldwide, who, day after day, knowingly risk their lives to reduce human suffering and further the cause of peace. We welcome its passage. Thank you.


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